Singapore legislation

Clause 226

of Securities and Futures Bill

Clause 226

Attribution of knowledge within corporations

(1)

For the purposes of this Division —

(a)

a corporation is taken to possess any information which an officer of the corporation possesses and which came into his possession in the course of the performance of duties as such an officer; and

(b)

if an officer of a corporation knows or ought reasonably to know any matter or thing because he is an officer of the corporation, it is to be presumed, until the contrary is proved, that the corporation knows or ought reasonably to know that matter or thing.

(2)

A corporation does not contravene section 218(2) or 219(2) by entering into a transaction or agreement at any time merely because of information in the possession of an officer of the corporation if —

(a)

the decision to enter into the transaction or agreement was taken on its behalf by a person other than that officer;

(b)

it had in operation at that time arrangements that could reasonably be expected to ensure that the information was not communicated to the person who made the decision and that no advice with respect to the transaction or agreement was given to that person by a person in possession of the information; and

(c)

the information was not so communicated and no such advice was so given.